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CC MINS 19961106MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 6, 1996 The meeting was called to order at 7:00 P.M. by Mayor Marilyn Lyon at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: McTaggart, Byrd, Hollingsworth, Ferraro, Mayor Lyon ABSENT: None Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Public Works Director Les Evans, Planning, Building & Code Enforcement Director Carolynn Petru, Senior Planner Joel Rojas, Finance Director Dennis McLean, City Clerk Jo Purcell and Recording Secretary Jennifer Baum. CEREMONIAL EVENT: (304) Captain Dickenson, commander of the Lomita Sheriff Station introduced to Council Deputy Dave Peterson, the new Special Assignment Officer (SAO) who will be performing special duties at Peninsula High School and at Peninsula Center. APPROVAL OF AGENDA: It was consensus to move Item #4 (Professional Service Agreement for the refuse collection and recycling services agreements) to the end of the public hearings. Councilman Hollingsworth moved, seconded by Councilman Byrd to approve the Agenda as amended. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue, 3136 Barkentine, spoke to several matters on the Consent Calendar: The Minutes of October 15, 1996, the cost of utilities at Ladera Linda, and the agreement with So. Cal. Edison. Council requested that the City Attorney's response to the letter from Roy Green relative to the Paseo del Mar street vacation be included in the minutes of October 15. Minutes (301) Approved the Minutes of October 15, 1996 as amended and October 21, 1996. Miraleste Recreation & Park District - Board appointment (301 x 1200) Order received and filed the notification from the Miraleste Recreation & Parks District Board notifying the City of Mr. Jack Satalich's appointment to the Board to serve until December 1999. Street Light Agreement - So. California Edison Company (1204 x 1405) (1) Approved Two Contracts for Street Lighting Service with Southern California Edison Company. (2) Approved License Agreement with Southern California Edison Company to permit the installation of City parking and traffic control signs on light standards owned by Edison Co. (3) Authorized the Mayor and City Clerk to execute each of the agreements. Register of Demands (602) Adopted Resol. No. 96 -98. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: McTaggart, Bryd, Ferraro, Hollingsworth, and Mayor Lyon NOES: None ABSTAIN: Byrd on minutes of October 21, 1996. PUBLIC HEARING: CODE AMENDMENT NO. 34 (1203 x 1801) Mayor Lyon reopened this public hearing on Chapter 17.46 (Equestrian Overlay District). Principal Planner Rojas presented the staff memorandum of November 6, 1996 and the recommendation to: (1) review the follow -up language of draft Chapter 17.46 (Equestrian Overlay District) of Title 17, as provided in the amended review schedule; and, (2) continue consideration of the amended Development Code to November 25, 1996. Speaking to this matter were the following persons: Jeanne Smolley, 56 Limetree Lane; Joan Wright, 1 FruitTree Road; Michael Bouler, 3456 Via Campesina, P.V.E.; Carrie Keesee, 14 Perigee Circle, San Pedro; * Ed Sutton, 1 Pomegrante Road; Muriel Titzler, 3 Ginger Root Lane; Toni Deeble, 3 E. Pomegrante Road; Richard Bara, 1 Peppertree; Pam Turner, 25930 Rolling Hills Road,Torrance; * Charlene City Council Minutes November 6, 1996 Page 2 O'Neil, 38 Headland Drive; * Kathy Snell, 8 Vanderlip; and Enzo Giobbe, 10 Cherry Hill Lane. The concerns and opinions of the speakers were as follows: a request that fences should have 8 ft. centers and that shelter also be required to protect horses from the elements; opposition to the limitation of having only three horses and how this might affect somebody who had the facilities to stable more; concern that the Ride -to -Fly be allowed to continue to operate; that the permit and waiver not run with the program land, but instead be re- evaluated when the property changes ownership; what would happen in the event that more horses were kept on the property than when the official "tail count" is made; whether the charge of the Equestrian Committee was more punitive than conciliatory; why the zoning had been changed from Equestrian Zone to "Large Animal Overlay District; how these changes would effect equestrian areas other than the Portuguese Bend area; and, that property owners should have the continued right to have six horses per acre. Council discussion dwelled on whether the number of horses per property was the problem or whether it was a matter of horsekeeping; if some of the situations described were the result of the ambience created and expected in an equestrian zone; if it could be justified to term the boarding of a friend's horse as "commercial;" the fact that equestrian use gives property value; if the City should be involved in the enforcement of the Portuguese Bend area CC &R's; and, if reducing the number of horses would reduce property values. Additional discussion concerned the fact that the present ordinance lacks enforcement mechanisms; the number threshold for boarding to be considered commercial; that the intent of this zone was never to allow commercial boarding; and, if the grandfathering of conditions should run with the owner of the property. Relative to the proposed animal advisory committee, it was agreed that it should have nine members; that the goal would be to have a majority of horse owners on the committee. Discussion of the committee's duties included how the ordinance could be enforced and how the public nuisance process could be enforced. Recess and Reconvene: At 8:30 P.M. Mayor Lyon declared a recess; the meeting reconvened at 8:45 P.M. Council resumed discussion of the proposed code and proceeded to take a "straw" vote on certain sections: 17.46.020 Permitted Uses - Removed C.U.P. requirement. Approved on a 4 -1 vote. (Ferraro dissenting.) 17.46.030 Special Animal Permit - Approved on a 4 -1 vote. (Ferraro dissenting.) 17.46.040 Development Standards - Approved unanimously. 17.45.050 Animal Advisory Committee - Approved on a 4 -1 vote. (Ferraro dissenting.) 17.46.060 Noncomformities - Reinserted the requirement that the Director would cause each waiver issued to be recorded with the County Recorder. City Council Minutes November 6, 1996 Page 3 Recess and Reconvene: At 9:50 P.M. Mayor Lyon declared a recess; the meeting reconvened at 10:00 P.M. Resuming discussion of Section 17.46.020 Uses Permitted - it was the consensus that the committee could make a determination of special circumstances and under those conditions approve maintaining more thansix horses. Councilman Byrd moved, seconded by Councilman McTaggart to approve as amended Chapter 17.46 Equestrian Overlay (Q) District. The motion carried on a four -one vote with Councilwoman Ferraro voting no. Councilman Byrd moved, seconded by Councilman Hollingsworth to continue the public hearing on the code amendments to November 25. Motion carried. Proposed Amendments CDBG Program (601 x 1204) Mayor Lyon opened the public hearing on this update of the proposed amendments to the Community Development Block Grant program. City Clerk Purcell reported that notice had been published with no written protests having been received by the City. Director Evans presented the staff memorandum of November 6, 1996 with these recommendations: (1) Conduct a public hearing to receive citizen input on the proposed changes to the Federal CDBG Program. (2) Approve the following proposed changes to the Federal CDBG Program: (a) Cancel CDBG Project D95699, Portuguese Bend Flexible Drain, (Budget: $59,816); and (b) Transfer funds totalling $59,816 from the cancelled project to CDBG Project D95696, Palos Verdes Drive South Reconstruction, Narcissa to Peppertree, increasing this project budget from $380,000 to $439,816; and (c) Transfer funds totalling $200,000 from the CDBG Contingency Fund to CDBG Project D95696, PVDS Reconstruction, thus increasing the project budget to $639,816; and (d) Extend the duration of Project D95696, PVDS Reconstruction, from June 30, 1997 to June 30, 1998; and (e) Authorize the Director of Public Works to execute all amendments for these CDBG Projects with the Los Angeles County Community Development Commission (CDC). Speaking on this matter were the following: Lois Larue, 3136 Barkentine, who summarized the conditions she had found in the landslide area; and, Kathy Snell, 8 Vanderlip, who requested that the City return the funds received from CDBG and stop bringing the requirements for low income housing into the RDA. Council discussion focused on if Project D95696 was the most efficient method to drain the water from the area and if a meeting should be held with the city geologist to determine the best way to stabilize this area. Council closed public hearing and did not take any action on this matter. City Council .Minutes November 6, 1996 Page 4 It was the consensus that further research needed to be done on this matter and that the matter would have to be set for a future public hearing. Height Variation No. 750 Revision "B" Appeal (1203 x 1804) Mayor Lyon opened the public hearing on this garage variance and noted the receipt of a request from the applicant's attorney for a continuance to November 25, 1996. Councilman McTaggart so moved, seconded by Councilman Byrd. Motioned carried. Refuse Collection and Recycling services - Professional Service Agreement (1204 x 1301) Director Evans presented the staff memorandum of November 6, 1996 and the recommendation to: 1. Award a professional services contract with R. W. Beck for professional services assistance in negotiating new single - family refuse collection and recycling services franchise agreements with the two existing haulers for a not -to- exceed fee of $38,953 and authorize the Mayor and City Clerk to execute said agreement. (2) Adopt the proposed resolution amending Resol. No. 96 -38, the budget appropriation for fiscal year 1996 -97 to increase the solid waste appropriation by $12,000. Speaking on this matter was Lois Larue, who questioned why staff had not recommended the low bidder and she encouraged public hearings on the matter. Council discussion focused on the cost of the consultant's agreement and whether it was necessary to have a consultant do this work or if it could be done by staff or the Finance Advisory Committee. Representing Waste Management was John McDonnell who said that there would be public hearings to get comments on this service. He said that his company would pay for the cost of consultant's services. Councilman McTaggart moved, seconded by Councilwoman Ferraro to adopt staff recommendation No. 1. The motion carried on the following roll call vote: AYES: McTaggart, Byrd, Ferraro, Hollingsworth, and Mayor Lyon NOES: None Mobil Service Station (1203 x 1804) Pacific Coin vs. Meyers, Councilman McTaggart said that he requested this item be placed on the agenda to see what could be done to solve this problem that had resulted in litigation between the station owner and Pacific Coin, because their public phones had been removed from the outside of the gas station. City Council Minutes November 6, 1996 Page 5 The owner of the Mobil Station, William Myers, 28106 Hawthorne Boulevard, explained this ongoing agreement that he had with the previous phone company, that his contract had been taken over by Pacific Coin and that Pacific Coin had verbally rejected the option of placing these phones inside of the station. After a brief discussion of the fact that removal of the phones from outside of the building was a C.U.P. requirement and that Mr. Myers should have notified the phone company of that fact, Councilman McTaggart moved, seconded by Councilman Byrd to send a letter to the p hone company stating that the City required removal or relocation of the phones some months prior to the time that they were removed. Motion carried. View Restoration Permit Guidelines (1203 x 1806) Because of the lateness of the hour, it was the consensus to continue this matter to November 25. Villa Capri Homeowners Association (808 x 1204) The November 6 staff memorandum recommended that the Council consider approving the request from the Villa Capri Homeowners Association to utilize City property to place a construction trailer and storage facilities subject to conditions. Councilman McTaggart so moved, seconded by Councilman Byrd and carried. PUBLIC COMMENTS: Lois Larue suggested that since the Utility User Tax had been confirmed, that flowers be planted at City Hall. Mrs. Lee, 54 Oceanaire, requested reconsideration of her appeal of her neighbor's driveway. Richard Bara, 1 Peppertree, summarized his understanding of the scheduling for adoption of the Code amendments. Enzo Giobbe, 10 Cherryhill, proposed a committee that he works with would like to place signs along Palos Verdes Dr. South reminding motorists to be aware of small animals. He suggested that businesses sponsor these signs. Council suggested that this matter be placed on a future agenda for discussion. Kathy Snell, Vanderlip Drive, spoke to the use of recycling funds to plant trees that may impact views. City Council Minutes November 6, 1996 Page 6 ADJOURNMENT: Meeting was adjourned at 11:35 P.M. to Monday, November 25, 1996 at 7:OOP. M. at Hesse Park. ATTEST: 2-; f . . /MAYO' City Council Minutes November 6, 1996 Page 7